Alhaji S. Adeyemi Olowolaramo & Ors V. Mr. Julius Chinedu Umechukwu (2002)

LawGlobal-Hub Lead Judgment Report

ONNOGHEN, J.C.A.

This is an appeal against the ruling of Hon. Justice J. A. Ibiwoye, of the High Court of Kwara State, sitting at Ilorin, in Suit No. KWS/176/96, delivered on 11th May, 2000, in which the learned trial Judge rejected the admission in evidence of three documents sought to be tendered by the appellants upon an objection thereto by learned Counsel for the respondent.

The facts of the case, include the following. By paragraph 16 of the amended statement of claim to be found at pages 3 to 6 of the record the appellants, as plaintiffs claim against the respondent as follows:

“16. WHEREOF the plaintiffs claim:

(i) A declaration that the plaintiffs are entitled to the right of occupancy over the piece or parcel of land, situate at behind Anglican Church, beside the new market and off new market road, Baboko Ilorin, measuring 4 plots in the proportions of 2 plots, plot and 1 plot to the 1st, 2nd and 3rd plaintiffs respectively.

(ii) A perpetual injunction restraining the defendant, his servants, agents or privies from further trespassing to the land.

(iii) N5,000.00 damage (Sic) for trespass.

(iv) A declaration that the approval for the grant of a right of occupancy No.11165 preparatory to issuance of certificate of occupancy, issued to the defendant by the Department of Lands, Surveys and Physical Development Military Administrator’s Office, Kwara State, is vitiated by fraud and is therefore, null and void and an order of court, setting aside the purported grant of a right of occupancy No. 11165 of 21st February, 1996.”

After the completion of pleadings the appellants opened their case in the course of which they sought to tender three purported titled documents, which were pleaded as receipts in evidence. This was opposed by learned Counsel for the respondent on the grounds that the documents are registrable instruments within the provisions of the Land Instruments Registration Edict No.6 of 1995, of Kwara State and that since they are not so registered they are inadmissible.

Secondly, that the documents were prepared by a non legal Practitioner for fees contrary to the provisions of the land Registration Law Cap. 83 and Land Instruments (Preparation) Law Cap. 82, Laws of Kwara State, 1994. The learned trial Judge sustained the objection in the ruling now on appeal before this court.

Dissatisfied with that ruling, the appellants appealed to this court, on three grounds out of which learned Counsel for the appellants, Salman Jawondo, Esq, in the appellant’s brief of argument filed on 2/11/01 and adopted in arguments on 8/5/02, formulated two issues for determination by the court. The issues are as follows:

“1. Whether or not, the learned trial Judge was right in rejecting the documents sought to be tendered as

receipts?

2. Was the learned trial Judge right, in placing reliance on his ruling in Suit No. KWS/144/92, Alhaji Lasisi Layi Olagunju v. Alhaji Yusuf Adeniran Delivered on 20/11/96 in rejecting the three documents sought to be tendered as receipts, without considering the arguments of and the authorities cited by the appellants’ counsel?”

In arguing issue No.1 learned Counsel for the appellants referred the court to paragraphs 5 and 6 of the amended statement of claim, where the three documents were pleaded as receipts and not as title documents. Learned Counsel then submitted that the pleading of the parties determine the issues in controversy between them and referred the court to the following authorities: Anyaegbunam v. Osaka (2000) 5 NWLR (Pt. 657) 386; (2000) 3 SC 1 at 8 – 9; Kano v. Oyelakin (1993) 3 NWLR (Pt.282) 399; Incar (Nig.) Ltd. v. Benson Trans. Ltd. (1975) 3 SC 117; Metal Const. (WA.) Ltd. v. Migliore (1979) 6 – 9 SC 163; Eke v. Okwaraniyia (2001) 12 NWLR (Pt. 726) 181; (2000) 4 SC 71 at 83; Makwe v. Nwukor (2001) 14 NWLR (Pt. 733) 356, (2001) 7 SC 1 at 18.